Monteverde v. Delta International Machinery Corp.

215 A.D.2d 240, 626 N.Y.S.2d 187, 1995 N.Y. App. Div. LEXIS 5191

Opinion

Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about May 31, 1994, which granted defendant-respondent’s motion to dismiss the action as against it as barred by the Workers’ Compensation Law, unanimously affirmed, without costs.

Notwithstanding that it was defendant-respondent, not plaintiff, who signed the application for workers’ compensation benefits, plaintiff’s acceptance of such benefits in an amount in excess of $50,000 after the Workers’ Compensation Board determined that he was defendant’s employee at the time of the accident estops him from now claiming he was not defendant’s employee (see, Zabava v 178 E. 78, 212 AD2d 406). Concur—Rosenberger, J. P., Wallach, Rubin, Kupferman and Asch, JJ.